Code of Practice

1. General Conduct

Each member shall act responsibly and with integrity in the day-to-day conduct of its business. For example:

a) Conduct its business lawfully, comply with
all relevant UK legislation, regulation
and judicial decisions and trade fairly and
responsibly.

b) Conduct its business under a name, title or
style which will not confuse or mislead
clients, creditors, debtors or members of
the public, or which will not imply any
association with other organisations or
persons, which do not exist.

c) Comply with this Code of Practice and
follow any guidance notes issued by the
Board of the Association.

d) Comply with Debt Collection Guidance as
Published by the Office of Fair Trading
from time to time.

e) Where appropriate, comply with guidance
issued by OFCOM, with particular regard to
‘silent calls’.

f) Follow where appropriate any
requests conveyed to members by
the Board of the Association or the
enforcement authorities.

g) Provide adequate training for
members of its staff, bringing to their
attention the principles of this Code
and requiring them to carry out their
duties in accordance with it. Also,
ensure continuous and appropriate
training of staff in respect of current
legislation and best practice.

h) Use plain English in all communications.

i) Show on all letters, postcards and forms
the full business address, telephone
number and email address, where used.

j) In all contacts by staff or agents,
ensure that the member’s identity is
clearly disclosed.

k) Ensure by continuously examining
debt collection procedures, and those
of any third parties employed, that
they conform to the highest ethical
standards.

l) Ensure that their agents, sub-contractors
and subsidiaries comply with the
Association’s Code and Guidelines.

m) Comply with all reasonable requests
by debtors, clients or their appointed
representatives for information
concerning their agreements and
accounts.

n) Ensure the Association’s Code is available
on their own website where they have
one. They shall further ensure that a copy
of the Code is supplied promptly upon
request.

2. Confidentiality

Members must keep in strict confidence any information supplied by the debtors or their chosen third party, except where disclosure is authorized by the debtor or others permitted or required by law.

3. Complaints

a) Each member shall have in place adequate
processes to deal with debtors or client
complaints, this must contain the following
minimum procedure:

I. The Management level at which complaints are handled.
II. The time frame in which complaints are handled.
III. The remedy, if the complainant is not satisfied.
IV. Complainants must be advised that one of the remedies is referral of the complaint to the Association where appropriate.

b) Members shall deal with complaints
speedily, responsively, in a user-friendly
fashion and at an appropriate management
level.

c) Member’s complaints procedures must be
made available to the complainant or
his/her advisor on request.

d) For Consumer Credit Regulated
Complaints, Members must follow the
DISP Rules set by the Financial
Ombudsman Service.

e) If a complaint is made to the Association in
relation to dealings with a member of the
Association, the Association will deal with
the complaint in accordance with the
published complaints procedure.

4. Debt Collection & Default Guidelines

The following list of guidelines is intended as an indication of the procedures to be adopted by
members. It is not intended as an exhaustive directive to members.

Moreover, the effectiveness of collection techniques and procedures depends on the circumstances applying at the time collection is attempted and so cannot be regulated in an absolute manner. Nevertheless, the Association expects compliance with the guidelines and any member not so complying will have to give a justifiable reason for non-compliance in the event of a complaint being received by the Association.
Guidelines overleaf